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01-26-1972 MinutesVIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on January 26~1972 at 1:00 Present: Mr. Irvin G.Horner~ Chairman Mr. Leo Myers~ Vice-Chairman Mr. J. ~ffin Apperson Mr. A.J.Krepela Mr. E.Merlin O'Neill Also Present: The Honorable Frederick T. Gray Mr. Oliver D. Rudy~ Comm. Atty. Mr. Morris Mason~Asst. Comm. Atty. Mr. MoW. Burnett, Exec. Sec'y. Mr. John E. Longmire~AsstoExec. Sec,y. Mr. Robt. AoPainter~ Co. Engineer Mr. Michael Ritz, Co. Planner On motion of bir. Apperson,seconded by ~ir. O'Neill, it is resolved that this Board go into Executive session to meet with counsel on the school consolidation cas~. Reconvening:. The ~airman recognizes a large delegation which appears with placards and signs against consolidation and busing and invites comments from the audience. Mrs. Joan Mosner~ a representative of the United Citizens for Neighborhood schools, sta'tes that busing children is not the answer and will not benefit ~ anyone~ that this is not the American she pledged allegiance to but the America that silences elective officials and takes away freedom. Mr. Charles Armistead states that Judge Merhige has no legal right to deny anyone the freedom of speech and requested that the Board give the employees of Chesterfield County a holiday when the motorcade goes to Washington. Mr. George Cobbs, a representative from the Providence Road PTA wants the Board to know that every PTA in the County has confidence in their elective officials and wants cooperation and solidarity at this time, Mr. Leo Myers states that he can visualize in a very short time a federally funded school system, that he has stated publicly before that he is willing to give the County's lawyers in this case any help that they may feel is necessary~ that he has written to the Attorney General~ John Mitchell, re- questing that he enter this case on behalf of the citizens of the United States and states in closing that the citizens of the County should have prayer meetings concerning this issue. ['4r. A1 Krepela states that he would like to see the Justice Department intervene on behalf of the County and that permission from the General ~ssembly now in session be given on allowing the counties to have a referendum on this matter of consolidation. After some discussion of this proposal, it is on motion of Mr. Krepela,seconded by £~r. Apperson, resolved that the County's Legislatorsbe requested to seek the passage of a Bill in the General Assembly giving the area the right to vote on the consolidation issue. Ayes: ~'~r. Hornet, P!r. Myers~ Mr. Apperson, Mr. Krepela and P[ro O'Neill. Upon further consideration of this matter, it is resolved on motion of Mr. Krepela, seconded by Mr. Apperson, resolved that a joint'meeting be held with the Henrico County Board of Supervisors, with the purpose in mind to seek an audience with President Nixon to support the intervention of the Justice Department in the consolidation case on behalf of the citizens of the Richmond Metropolitan area. Ayes: Mr. Horner~ Mr. Myers, Mr. Apperson~ Mr. Krepela and ~r. O'Neill. On motion of Mr. Apperson~seconded by Mro O'Neill~ it is resolved that this Board authorizes civic groups to use County facilities, particularly, at the Fair Grounds for public informal sessions. Ayes: PAr° Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and ~r. O'Neill. There was presented an Ordinance calling for the closure of five (5) unimproved rights-of-way in the Bellwood Heights Subdivision, and ~hereas, the new ouperv~sor of this District wishes to review the matter further, it is on motion of ~4roMyers, seconded by ~lro O'Neill~ resolved that this matter be deferred for thirty (3~ days. Ayes: ~ro Homer, Mr. Hyers, Mr. Apperson, Mro Krepela and ~r. O'Neill. On motion of [~r. ['~yers~ seconded by Mr. Apperson, it is resolved that the following Ordinance be and it hereby is adopted: AN ORDINANCE to vacate a portion of a 50-foot road riqht-of-way, known and designated as Park Place, and to vacate an alley easemen~ 16 feet in width, in the subdivision of Rayon Park, a plat of which made by W.W.LaPrade Brothers~ Civil Engineers and Surveyors, Richmond, Virginia, dated July 5~ 1928, last revised July 31, 1928~ and recorded September 7~ 1928~ in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia~ in Plat Book 4~ pages 150 and 151, styled Revised Plan of Rayon Park, Bermuda District~ Chesterfield County~ Virginia, the said portion of 50-foot wide right-ofhway and the 16 foot alley easement being unimproved and not used for public purposes and being more parti- cularly shown on a compiled plat of a portion of the aforesaid subdivision plat~ dated December 6~ 1971, shaded in red, a copy of which is attached hereto and made a part hereof by this reference. WHEREAS, the Trustees of the Bellwood Pentacostal Holiness Church has petitioned the Board of Supervisors of Chesterfield County~ Virginia, to vacate the unimproved portion of a 50-foot right-of-way known and designated as Park Place and a 16-foot wide unimproved alley easement in the subdivision of Rayon Park as shown shaded in red on a compiled plat of a portion of the Revised Plan of Raymon Park Subdivision dated December 6~ 1971, a copy of which is attached hereto and made a part hereof by this reference and being more particularly described as follows, to-wit: PARK PLACE~ being 60 feet in width, commencing at its line of intersection with the south right-of-way of Alcott Road (formerly County Road) extended, then.ce proceeding in a southeastwardly direction between parallel lines for a distance of 634 feet, more or less~ terminating at its line of intersection with the northern right-of-way line of Libwood Avenue (formerly DuPont Avenue) including the areas formed by the boundary .line radii. ALLEy EASEEMENT, being 16 feet in width, commencing at its line of inter- section with the south right-of-way line of Alcott Road (formerly County Road)~ thence proceeding between parallel lines in a sou'theastwardl~ direction 160feet~ more or less, thence proceeding in a southwardly direction for a distance of 204 feet, more or less, terminating at its line of intersection with the eastern boundary line of Park Place as vacated above~ and WHEREAS, notice of the adoption of this Ordinance has been given in accordance with Section 15.1-431 of the Code of Virginia, 1950, as amended. NOW~ THEREFORE: BE IT ORDAINED~ by the Board of Supervisors of the County of Chesterfield~ Virginia: 1. That pursuant to Section 15.1-482, of the Code of Virginia~ 1950, as amended, that the portion of the unimproved 50-foot wide road right-of-way including the areas formed by the boundary line radii as described above and shown shaded in "red" on the plat attached showing a portion of Revised Plan of Rayon Park, and the unimproved 16-foot alley easement desdribed above and shown shaded in "red" on the aforesaid plat~ be~ and they are hereby vacated. 2. This Ordinance shall be in full force and effect in accordance with Section 15.1-482 of the Code of Virginia, 1950~ as amended, and a certified~ ~ copy thereof~ together with theplat attached~ shall be recorded in the Clerk's Office of the ~rcuit Court of Chesterfield County, Virginia. Ayes: Mr. Horner~ Mr. Myers, Mr. Apperson, ~r. Krepela and Mr. O'Neill. mr. William Schaffer, representinq Mrs. ~ollie E. Winston, comes before the Board requesting one sewer connection for a home and garage apartment in Bensley Village and cites the extenuating circumstances of her request. On motion of Mr. kpperson,seconded by Mt.Myers, it is resolved that cnly one sewer connection be ~quested to this lot. Ayes: Mro Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Battle and Mr. Stell come before the Board citing the original fact that the request of the Western Riders in lighting the horse rings would not be the best lighting possible but would suffice for their purpose. The Executive Secretary explained that bids were sought for lighting as requested and lighting as suggested by lighting engineers. Upon consideration whereof, and on motion cf P~r.Apperson~seconded by Mt.Myers, it is resolved that since the Western Riders will be happy wi'~h the lower cost lights that the bid for lighting this horse ring be awarded to the Matthews Construction Company who submitted the low bid of $1790.00. Ayes: Mr. Horner~ Mr. Myers~ Mr. Apperson, ~r. Krepela and Mr. O'Neill. Mr. Elton Beverly cites to the Board the tremendous expansion of the Library System and explains the request for federal funds to construct the Library Headquarter facility. Mrs. Knoop states ~hat we should get started now in order to make plans for the Library Program particularly the Headquarters Building. he mxecutmve Secretary pointed out that the location request~.d by the Library officials would block the use of a lrge tract of land for the recreational buildings envisioned sometime in the future. Ars. Knoop explained that it was of primary importance to have all of the thlseX~°surebuildingp°Ssiblebe on OnaanYmainlibrarYartery.bUilding. and therefore it was necessary 'that It was generally Concluded that efforts be made to locate the Library facility immediately north of ~ ~ ~h~ vocational school, facing Rt. 10 and the extension of Courthouse Road, and to arrange parking so that it ~ould be used by persons other than Library patrons. On motion of Mr. Myers~ seconded by Mr. Krepela, it is resolved that the following erroneous tax claims be and they hereby are approved for payment: Van Doren Brothers, Inc. General contractors' License ~393 $69.06 Irvin G.Horner and James H. Newell Erroneous assessment for second half of 1971 Frank Sinclair nerbert C. Jennings 69.44 Personal Property tax 32.30 " " " 7.48 Ayes: Mr. Horner, Mr. Nyer , Mr. Apperson~ Mr. Krepela and Mr. O,Neill, On motion of the entire Board~ it is resolved that the following res~ lution be adopted: WHEREAS, there is ~ending in the General Assembly a Resolution introduced by Senator Frederick T. Gray~ memorializing the Congress of the United Ktates to discharge the petition now in a Committee of Congress calling for a Constitutional Amendmen~ prohibiting busing to achieve a racial balance and to have this Amendmen~ passed by the Congress and ratified by the people of the United States. NOW, TH~REFORE, BE IT RESOLVED, that this Board urges the General Assembly of Virginia pass this resolution forthwith and call upon the Congress to pass this Amendment and submit it to the people. Ayes: [~r. Horner~ Mr.Myers~ ~. Apperoon, Mr. Kre~ela and [~ir. O'Neill, On motion of Mr. Apperson,seconded by Mt.O'Neill, it is resolved that the Judge of the Circuit Court, the Honorable Ernest P.Gates, be, and he herebv is requested to appoint the following named men as Police Officers for %he County of Chesterfield& Ayes: Howard Eugene Miller Tommy Jerry Cheek Thurman Eugene Estes, Jr. Mr.Horner, Mr. Myers, [4r. Apperson, Mr. Krepela and [4r. O'Neill. On motion of Mr. Apperson,seconded by ~r. O'Neill, it is resolved that a street light be placed at the intersection of Hopkins Road and McHoward Road. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson~ Mr. Krepela and Mr. O,Neill. There were presented plans for an apartment project in the vicinity of North Arch Road and Rto360 on lan~ that was zoned by the Board with the provision that the Board approve the plans and layout of the apartment complex. On mo~tion of Mro Apperson~ seconded~by Nr. O,Neill, it is resolved that this Board approves the plans provided the Supervisor of the area approves of the project after meeting with citizen~ groups of the area. At this time Mr. Homer leaves the Board meeting to attend another meeting. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr, O'Neill. On motion of ~,tr. Apperson~seconded by Mr. O'Neill, it is resolved that an actuarial study and evaluation of the Policemen's Pension and Retirement Fund be obtained. Ayes: i~ro Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of ~ir. Apperson, seconded by Mr. O'~eill, it is resolved that approximately 1800 feet of water line be installed on Wonderview Drive and Elokomin ~~venue, upon the recommendation of the County Engineer, who states that it is financially feasible to construct this water line. Ayes: Mro [.'lyers, Mr. Apperson, ~'ir. Krepela and Pir. O'Neill. There was presented a copy of the model agreement between the County of Chester- field and the County's Consulting Engineer, R.Stuart Royer & Associates and J.K Timmons & Associates. ' Upon consideration whereof, and on motion of Mr.Apperson~seconded b~ ['~ir.O,Neill it is resolved that the form of this agreement be and it hereby is ~pprovedo Ayes: tVlro Apperson~ MroMyers~ Mr. Krepeta and i.iro O'Neill. Mr. Robert Painter states that the engineers have · a oewage treatment plant on Ashton ~' .......... -. studzed the.question of buildin~ station to pump sewage northwardly to the proposed Proctor's Creek Dlant~ citing ~==~ versus ~ne construction of a pumping Certain cost estimates. Upon consideration whereof and on motion of Mr. Apperson~seconded by ~'~roKrepela~ it is resolved that the consulting engineers be authorized to proceed with the submission of plans to the i{ater Control Board, to obtain the degree of treatment required on Ashton Creek. Ayes: [~ir. Apperson~ Mr. Nyers~ Hr. Krepela and Pit. O'Neill.. On motion of Mr. Kreoela, seconded by Mr. Apperson, it is resolvee that this Board grant a Variance to ~r. Paul Jenkins to construct a dwelling on the second lot at the southern end of Hopkins Road. It is here noted that a deed has been granted to the County for a SO-ft. road. Ayes: Mr. Hyers, I~r. kpperson~ Mr. Krepela and Mr. O'Neill. On motion of ~'~r. Apperson,seconded by Mr. Krepela, it is resolved the. k the following water contracts be and the same are hereby approved: W-71-61CD Qualla Farms $44,800.00 W72-5D Meadowdale~ Section "G" 20~592.75 W72-6D 360 West Shopping Center 3~852o00 W72-7D Woodval~, Section "2" 750.00 ~¢72-8D NcRae Street 2~ 297.00 Ayes: Mr. Mpers~ ~ir. Apperson, Mr. Krepela and Nr. O'Neill. On motion of mr. Apperson~seconded by ~r. O,~eill, it is resolved that the following sewer contracts be and the same are hereby approved with the under- standing that the' Lake Manor Apartments contract be approved by the Com~'nonwemlth,Z Attorney and be suoject to easements granted to the County: S71-41CD -S2700; S71-39C - $24, $39.005 Ayes: Mr. Myers, Nr.Apperson, Mr. Krepela and Mr. O'Neill. On motion of ~'~r. Apperson,seconded by i~r. Krepela~ it is resolved that change order No.4 for contract 6511-68~ be, and it hereby is approved. Ayes: Mr. Hyers, Mr. Apperson, ~r. Krepela and Hr. O'Neill. There arose some discussion concerning the sewer contract for connections to the Ashton Creek sewer system~ and it was pointed out ~hat hhere were many more connections desired than 'the capacity of the present sewage lagoon. The County Engineer presented a report showing a possible reduction in proposed contracts which gives a wider latitude in handling sewer connection requests for immediate use rather than long-term commitments. Upon consideration whereof, and on motion of Hr. Apperson~seconded by Hr. O'Neill~ it is resolved that the County Engineer be authorized to re-negotiate previous proposals for contracts in accordance with the report filed with the papers of this BoarU. Ayes: Mr. Myers~ Hr. Apperson~ Mr. Krepela and i~r. O'Neill. There was read a letter from J.K.Timmons and Associates, discussing the sewerage facilities on Falling Creek in the Midlothian area. It was generally concluded that this matter would be deferred for thirty (30) days to allow further study. This day again the mather of constructing a water line on Courthouse Road to serve the Department of ~','elfare and Institutions comes before the Board and it was generally agreed that unless the State was willing to pay the total additiona~ cos'~ of constructing this line~ which includes the cost of rights-of-way and increase~ in bid price from the present bid which the County could not exercise due to inadequate richts-of-way then the $50~000.00 deposit from the State be returned forthwith. ~ .i~here was oresented to the Board a copy of the rate s'~udy for the sewer system which stud~ is received for further consideration. On motion of Hr. Krepela, seconded by Mr.O'Neill, it is resolved that due to the emergency existing in the construction of a water line on contract W71-44CD/1 that Shady Acres Corporation be condemned for an easement should the $100 00 offer be unacceptable, Ayes: Mro Apperson~ Mr. Hyers~ Mr. Krepela and Hr. O'Neill. On motion of Hr. Krepela~ seconded by ~lr. Apperson, it is resolved that the road recently constructed by the Highway Department connecting Starview Lane with Turner Road be officially designated as Cloverleaf Drive. Ayes: ~'ir. Apperson, Mr. Myers, Mr. Krepela and Nr. O'Neill. On mo%ion of Mr. O'Neill~ seconded by i'~r. Krepeia~ it is resolved that this Board adjourns at 6:45 Pobi. to February 2~ 1972 at 4:30 Ayes: ~lr. Apperson~ ~'~r '''~ ~ Mro O'Neill and. l~r. Krepela. · : .,',yers, xecutmve ~ecretary